08/14/2013 ZONING BOARD OF APPEALS Minutes

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• MASHPEE ZONING BOARD OF APPEALS AUGUST 14, 2013 MINUTES Mr. Cook stated that Mr. Michaelson is building a 24 ft. by 32 ft. Cape style home on this open lot. It has been an open lot in the "Clipper Ship Village" subdivision since 1973 and the assessors' map shows the date of purchase by Mr. DeMaio of April 3, 1975. Ron Bonvie stated the Board of Health plans should be submitted and approved. He read the comments; "Not in Zone II- Perk test performed on June 13, 2013. The updated comments will have the Board of Health approval for the number of bedrooms and the plans will depict the same amount of bedrooms. Jim Reiffarth stated the lot coverage calculations will be required. Mr. Michaelson stated he spoke to Tom Fudala in Planning and researched Mr. DeMaio's lot ownership back to 1973. That determined the dimensions could be 30 feet from the street, 15 feet from the side, and 15 feet from the rear. Bill Blaisdell reviewed the ,Zone Chart Requirements and discovered the setback requirements are 30 feet for the front, 10 feet from the side, and 10 feet from the rear. Mr. Morgan wants to determine that ownership is approved under M.G. L. 40 A §6 meaning there is no known ownership from abutters. Jeanne S. Mantel & Lewis Mantel. Trustees: Request a Special Permit under §174- 25.1 (9) of the Zoning By-laws to allow for construction of a landing,. stairs, pier, ramp and float extending across a total of more than seventy feet of coastal beach, coastal bank, salt marsh, or bordering vegetated wetlands and/or coastal wetlands, freshwater wetlands, swamps or marshes on property located in an R-3 Zoning District at 270 Monomoscoy Road (Map 120, Parcel 58), Mashpee, MA. John Slavinsky, of Cape & Island Engineering representing the petitioners and presenting the entire project a second time. Jonathan Furbush stated that this particular submittal was withdrawn at the July 24, 2013 hearings. The Bylaw § 174-25.I (9) is for "accessory use" and a dock is not allowed under this Bylaw. Ron Bonvie made a motion to deny Jeanne S. Mantel & Lewis Mantel, Trustees, request for a Special Permit under §174-25.1 (9) of the Zoning By-laws to allow for construction of a landing, stairs, pier, ramp and float extending across a total of more than seventy feet of coastal beach, coastal bank, salt marsh, or bordering vegetated wetlands and/or coastal wetlands, freshwater wetlands, swamps or marshes on property located in an R-3 Zoning District at 270 Monomoscoy Road (Map 120, Parcel 58), Mashpee, MA, due to the fact it is considered an "accessory use" and accessory use is not allowed under this Bylaw.